Previous UK immigration history

[ElizabethB]

Dear all

I have been reading on other posts about why people are sometimes banned from entry for 10 years due to deception. My fiance's case is somewhat complex and I wonder whether anyone could shed any light on whether he would be banned. Here's a synopsis:

Arrived in UK Oct 2000, claimed asylum. Burundian identity card given to Home Office. 3 month temporary stay granted.
Dec 2000 was taken to detention centre as asylum claim refused. While officers in his residence saw some letters from Nigeria and made the assumption he was Nigerian (he has family there).
Feb 2002 removed to Nigeria as they thought Burundi not safe and also thought he might be Nigerian. In Nigeria was refused entry as wasn't Nigerian and sent back to U.K the next day.
Detained in U.K. until May 2002 when he was released to a friend's house while his case was looked into.
Sept 2002 married his ex-wife (UK citizen). Continued to get temporary stays. Had one child with ex-wife.
Sept 2004 Home Office wrote that he should go to Heathrow and see an immigration officer who would give him ticket to Nigeria (last place he came in from) so he could go to third country and apply for entry clearance as spouse. So he flew to Nigeria. His wife was pregnant with their second child at this point.
He got old (but not expired) Burundian passport sent to him there, applied for spouse visa in Dec 2004 but was rejected due to funds & job situation of spouse. She appealed and visa granted in Oct 2006. On arrival to Gatwick that month Entry Clearance Officers were not satisfied with his passport as they said it was the old style and the BHC Lagos should not have accepted the passport, although the visa was valid. Was detained in Gatwick for one week whilst they looked into this and then he was sent back to Nigeria.

If anyone can advise me that would be greatly appreciated.

[BLK235]

What is your question?

[ElizabethB]

What is your question?

My question is, whether this immigration history would pose a problem in his application for a spouse visa, and specifically if it would mean a 10 year ban. Thanks, and sorry for any confusion.

[Rozen]

My question is, whether this immigration history would pose a problem in his application for a spouse visa, and specifically if it would mean a 10 year ban. Thanks, and sorry for any confusion.

It sounds quite complex with all the comings and goings, in and out of Nigeria, and everything else in between!
I would use a solicitor for the spouse visa, if I were you!
Is he even divorced from this 'ex' wife?
Sorry, just still confused....

[INSIDER]

You sure he is telling you the complete truth.

I find it a bit odd that he would be sent to Nigeria simply
because the UKBA "thought or suspected" he was Nigerian.
If he didn't have a valid Nigerian passport, an emergency travel
document would have had to be obtained from the Nigerian authorities
prior to him leaving the UK.

Finally, he was sent back to Nigeria {not Burundi} on a Burundian passport even though he had a valid visa for the UK. Old style Burundian
ppt notwithstanding, it just doesn't add up.

[mochyn]

What is your question?

My question is, whether this immigration history would pose a problem in his application for a spouse visa, and specifically if it would mean a 10 year ban. Thanks, and sorry for any confusion.

So he is in Nigeria now and has been for the past 4 years and wants to apply for a spouse visa but you are his fiancee.
So he has a wife and fiancee?

The fact that there are many agencies in Lagos who are experts in visa applications, every application is investigated with a fine tooth comb.

So how and where did you meet?

[ElizabethB]

You sure he is telling you the complete truth.

I find it a bit odd that he would be sent to Nigeria simply
because the UKBA "thought or suspected" he was Nigerian.
If he didn't have a valid Nigerian passport, an emergency travel
document would have had to be obtained from the Nigerian authorities
prior to him leaving the UK.

Finally, he was sent back to Nigeria {not Burundi} on a Burundian passport even though he had a valid visa for the UK. Old style Burundian
ppt notwithstanding, it just doesn't add up.

Yes I am pretty sure he is telling the truth! I think the reason why they sent him back to Nigeria initially is that UKBA were unable to send people back to Burundi at that point due to conflict. They therefore suggested to him that he could have support for living in Nigeria because he had family there. My fiance is think was a bit confused about what exactly the reason was at that time, so even though he said "they thought I might be Nigerian" the fact that he remembers them also telling him that they couldn't send him to Burundi but he had family they thought might be able to support him in Nigeria could quite well be the actual reason. I think, especially if you are not coming from such a highly-legalistic place the legal rhetoric can get lost on you - as we know specific words can mean everything but this can sometimes not be known by all applicants.

Re: the emergency travel document, that is interesting. I shall ask him and get back to you.

Re: being sent back to Nigeria not Burundi even though he came in on a Burundian passport - he said the policy was to send back to the place where the applicant just flew in from.

I appreciate your help!

[ElizabethB]

My question is, whether this immigration history would pose a problem in his application for a spouse visa, and specifically if it would mean a 10 year ban. Thanks, and sorry for any confusion.

It sounds quite complex with all the comings and goings, in and out of Nigeria, and everything else in between!
I would use a solicitor for the spouse visa, if I were you!
Is he even divorced from this 'ex' wife?
Sorry, just still confused....

Thanks for the advice! Yes, divorce will be through any day now.

[ElizabethB]

What is your question?

My question is, whether this immigration history would pose a problem in his application for a spouse visa, and specifically if it would mean a 10 year ban. Thanks, and sorry for any confusion.

So he is in Nigeria now and has been for the past 4 years and wants to apply for a spouse visa but you are his fiancee.
So he has a wife and fiancee?

The fact that there are many agencies in Lagos who are experts in visa applications, every application is investigated with a fine tooth comb.

So how and where did you meet?

No he is in Uganda now, working there, and that's where we meet, nearly two years ago now. I was living there for 18months over the last two years. He arrival back to Nigeria, he left after two months to travel overland to Burundi. He then travelled to Uganda to look for work (all in East Africa, not sharing a border but close).
His relationship broke down with his wife after getting back to Nigeria in 2006. The divorce will be through any day now.

Thanks for your help, it is greatly appreciated.

[Rozen]

No he is in Uganda now, working there, and that's where we meet, nearly two years ago now. I was living there for 18months over the last two years. He arrival back to Nigeria, he left after two months to travel overland to Burundi. He then travelled to Uganda to look for work (all in East Africa, not sharing a border but close).
His relationship broke down with his wife after getting back to Nigeria in 2006. The divorce will be through any day now.

Gosh! Now we're also throwing UGANDA into the mix! Not yet divorced, but applying for spouse visa! Seriously, get a good solicitor to untangle this mess for you!

[DFDS.]

No he is in Uganda now, working there, and that's where we meet, nearly two years ago now. I was living there for 18months over the last two years. He arrival back to Nigeria, he left after two months to travel overland to Burundi. He then travelled to Uganda to look for work (all in East Africa, not sharing a border but close).
His relationship broke down with his wife after getting back to Nigeria in 2006. The divorce will be through any day now.

Gosh! Now we're also throwing UGANDA into the mix! Not yet divorced, but applying for spouse visa! Seriously, get a good solicitor to untangle this mess for you!

In her other post, Elizabeth was inquring if her fiance could find a birth certificate in Uganda, we replyed her thinking her fiance was Ugandan, now comes Burundi, then follows Naigeria. Elizabeth do'nt you think members are going to smell a rat on this! IF YOUR Fiance is Naigerian or Burundian, then why does he need a birth certificate from Uganda?

[DFDS.]

Dear ElizabethB, i don't mean to be rude, but re-examine your fiance's statements and his motive for divorse before it too late.


Wish you luck.

[bbbb]

hello,

Totally agree with DFDS.

[INSIDER]

You sure he is telling you the complete truth.

I find it a bit odd that he would be sent to Nigeria simply
because the UKBA "thought or suspected" he was Nigerian.
If he didn't have a valid Nigerian passport, an emergency travel
document would have had to be obtained from the Nigerian authorities
prior to him leaving the UK.

Finally, he was sent back to Nigeria {not Burundi} on a Burundian passport even though he had a valid visa for the UK. Old style Burundian
ppt notwithstanding, it just doesn't add up.

Yes I am pretty sure he is telling the truth! I think the reason why they sent him back to Nigeria initially is that UKBA were unable to send people back to Burundi at that point due to conflict. They therefore suggested to him that he could have support for living in Nigeria because he had family there. My fiance is think was a bit confused about what exactly the reason was at that time, so even though he said "they thought I might be Nigerian" the fact that he remembers them also telling him that they couldn't send him to Burundi but he had family they thought might be able to support him in Nigeria could quite well be the actual reason. I think, especially if you are not coming from such a highly-legalistic place the legal rhetoric can get lost on you - as we know specific words can mean everything but this can sometimes not be known by all applicants.

Re: the emergency travel document, that is interesting. I shall ask him and get back to you.

Re: being sent back to Nigeria not Burundi even though he came in on a Burundian passport - he said the policy was to send back to the place where the applicant just flew in from.

I appreciate your help!

Elizabeth,

As a Burundian he would not have been able to get sent to Nigeria unless of course he is actually a Nigerian.

No way would the UKBA risk sending someone to a country undocumented,which suggests to me he is probably Nigerian.
Furthermore, if it was the case he could not be sent to Burundi
because of the situation in the country, and he was denied asylum, then he would have been granted what was then known as exceptional leave to remain. This happened in the case of nationals of several countries
eg Sierra Leone, Rwanda, Somalia etc. Maybe he wasn't granted ELTR because he was Nigerian.

I'd be cautious if I was you.

[Wanderer]

Yeah, if it smells fishy....

[DFDS.]

ElizabethB, slowly dear, for you don't who you are discusing with. Many of them are very experienced in these isues and some have gone through them already. This is free first hand and proffession information you are getting. My bet is, that you sit down, read and learn.

[ElizabethB]

Hi DFDS / INSIDER for your information, and for your concern! Re: Uganda, he is just living there and working as opportunities are more there than in Burundi. He is not Ugandan and doesn't need a birth certificate from Uganda.

I've asked him about the issue of travel documentation for the first time he was sent to Nigeria, if he remembers more details, and I'll get back to you. Also I don't know if at that time Burundi was on the list of countries for whom nationals could get ELR due to conflict/civil war etc.

Trust me, when I first met him and listened to his life-story I had moments of doubt.. which then passed as I knew him.